Oregel

Respondent Marcelino Oregel leased a new 1998 Isuzu Rodeo (the car) manufactured by appellant American Isuzu Motors, Inc. (Isuzu). Approximately one year later Oregel demanded, pursuant to the Song-Beverly Consumer Warranty Act (Civ. Code, § 1790 et seq., hereafter the Act), that Isuzu repurchase the car, claiming it had a chronic oil leak that Isuzu was unable to fix. Isuzu declined to repurchase the car and Oregel filed this lawsuit alleging Isuzu willfully violated its obligations under the Act. The jury found in favor of Oregel. Isuzu argues the jury’s verdict is not supported by substantial evidence.

I

Factual and Procedural Background

A. The Facts

Oregel leased the car in late March 1998 from the Ron Baker Chevrolet Isuzu dealership (Ron Baker). It was Oregel’s practice to have all maintenance, including oil changes, performed by Ron Baker. Oregel had Ron Baker change the car’s oil every 3,000 miles. The car was serviced in June 1998 and September 1998; the invoices for these services do not include a request to check for an oil leak.

In October 1998 Oregel received a letter from his homeowners association complaining that there was an oil spill on the driveway…